Wednesday, December 23, 2009		ILR Home Page

Weekly Alert 
 
December 23, 2009 
 
Publication Schedule
Latest News
·  Intellectual Property
·  Internet Commerce
·  Freedom of Speech
·  Telecommunications
·  Privacy & Security
·  Taxation
·  Criminal Liability
Latest Cases
Latest Pleadings, Motions, & Briefs
Latest Research from Pike & Fischer 
Events & Conferences
·  Social Networking in the Workplace - Recordings Now Available
·  Broadband Policy Summit VI - Advance Early Bird Discount
Internet Law Attorney Directory
Subscription Information

Publication Schedule

The ILR Weekly Alert will not publish on Wednesday, December 30. The next issue will be dated Wednesday, January 6, 2010. The ILR staff wishes its readers a very Merry Christmas and a Happy New Year!

Latest News 
 
INTELLECTUAL PROPERTY
 
Domain Registrar Not Automatically Immune From Lanham Act, ACPA Claims

A registrar who is alleged to control infringing websites cannot avoid liability for trademark infringement and cybersquatting merely because it is a registrar, U.S. District Court for the Southern District of Florida held Dec. 4.  Transamerica Corp. v. Moniker Online Services, LLC, 2009 ILRWeb (P&F) 3269.  Subscribers read more ... 

Other Intellectual Property news: 
 
·  Infringement by Microsoft Word's XML Editor Upheld; Injunction to Take Effect Jan. 11
·  Removal of Automated Copyright Notices from Open Source Software Violated DMCA
·  Government Must Support Innovation, Urge Industry Action to Curb Piracy, Panelist Says
·  Internet Piracy of Live Sports a 'Significant Threat for Sports Broadcasting Industry'
·  WTO Appellate Body Upholds Ruling Against Chinese Audiovisual Market Curbs
·  EU Demands for ACTA Still Unmet, While Liability Provisions Spark Debate in Europe
·  Trademark Clearinghouse, URS Proposals for gTLDs Approved by ICANN Policy Arm
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Rhode Island's Top Court Adopts Majority View on Enforceability of Shrinkwrap Terms

Terms and conditions included in e-mailed receipts, payment confirmations, and product packaging can be accepted by consumers by keeping a product, provided they have notice of a right of refusal, the Rhode Island Supreme Court held Dec. 14.  DeFontes v. Dell, Inc., 2009 ILRWeb (P&F) 3253.  Subscribers read more ...

Other Internet Commerce news: 
 
·  EU Antitrust Regulator Accepts Microsoft Concessions to Settle Complaint
·  FTC's Report to Congress Highlights U.S. SAFE WEB Act Enforcement Authority
·  Lawyer Websites in Florida Must Follow Advertising Rules, Except Filing Mandate
·  CFAA Claim Based on Unwanted Text Messages Fails for Lack of Damages, Intent
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Website Privacy Policy Allowing Data Sharing Did Not Waive Visitor's Anonymity Protections

An individual who agreed to a newspaper website privacy policy that permitted the sharing of visitors' sign-up information did not waive the First Amendment right to speak anonymously on the website, the U.S. District Court for the Western District of Missouri ruled Dec. 9.  Sedersten v. Taylor, 2009 ILRWeb (P&F) 3237.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Judge Extends Time for Google Closing in Italy Case
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Faces Hard Choices as Deadline for National Broadband Plan Approaches

With a tight congressional deadline looming, the Federal Communications Commission is considering a range of options to enable greater access to the Internet, including reforming the Universal Service Fund, reallocating wireless spectrum, and forcing more competition in the market for cable set-top boxes.   Subscribers read more ...

Other Telecommunications news: 
 
·  Obama Moves to Expand Broadband with $2 Billion in Grants, Loans
·  FCC Urged to Consider Rule Changes to Get More Broadband to Small Businesses
·  FCC Seeks Input on Business Models for Rural Broadband
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Attorneys Say Facebook's Privacy Woes Show Traps in 'Notice and Choice' Paradigm

Complaints about Facebook's new privacy controls highlight the challenges companies face in effectively executing the prevailing "notice and choice" approach to protecting consumer privacy online, particularly when a company's privacy practices change over time, privacy attorneys said.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Boucher Aims to Have Privacy Proposal Ready for Circulation by Early Next Year
·  EDPS Urges Clarity for Proposed IT Agency
·  White House, Groups Reach Settlement Over Missing Bush Administration E-Mails
·  Privacy Groups Urge FTC to Investigate Modifications to Facebook Privacy Policies
·  Work E-Mail Address Directory Violated PIPEDA, but Stoddart Declines Enforcement
·  Swiss Agency Withdraws Interim Measures Against Google Over 'Street View' Concerns
·  Final Rule Amends FAR to Require All IT Network Acquisitions to Be IPv6 Compliant
·  Sending, Receiving E-Mails from Work Account Destroys Attorney-Client Privilege
·  Congress Buys More Time to Resolve Differences Over PATRIOT Act Provisions
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
SST Governing Board Finds Indiana, Iowa Out of Compliance with SSUTA

The Streamlined Sales Tax Governing Board, Inc. Dec. 17 found Indiana and Iowa out of compliance with the Streamlined Sales and Use Tax Agreement.  Officials from each state, however, told the board, which met via teleconference, that they expect to remedy their noncompliance through legislation in their respective 2010 legislative sessions.  Subscribers read more ...
 
Subscribers may search ILR's Taxation database 

CRIMINAL LIABILITY 
 
Counsel Should Investigate Victim's E-Porn

Defense attorneys in a murder case deprived their client of the Sixth Amendment right to effective counsel by failing to discover illegal pornography on the victim's computer that could have been used to rebut victim-impact witnesses' testimony at the death-penalty phase regarding the victim's good character, the Missouri Supreme Court decided Dec. 1.  Gill v. State of Missouri, 2009 ILRWeb (P&F) 3241.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Abbas v. Selling Source, LLC, 2009 ILRWeb (P&F) 3251 [ND Ill] (SMS text message is a "call" within the meaning of the TCPA)
·  Alamar Ranch, LLC v. County of Boise, 2009 ILRWeb (P&F) 3091 [D Idaho] (Employee's knowledge that work e-mail account may be monitored waives any attorney-client privilege that might have attached to e-mails sent and received)
·  Amendments to the Rules Regulating the Florida Bar—Rule 4-7.6, Computer Accessed Communications, In re (Revised Opinion), 2009 ILRWeb (P&F) 3079 [Fla] (Lawyer websites in Florida must follow advertising rules, except filing mandate)
·  Apple, Inc. v. Psystar Corp. (Permanent Injunction), 2009 ILRWeb (P&F) 3247 [ND Cal] (Court grants motion for permanent injunction following summary judgment on claims of copyright infringement and violations of the DMCA)
·  Barnes v. Yahoo! Inc., 2009 ILRWeb (P&F) 3245 [D Ore] (Court denies motion to dismiss claim of promissory estoppel based on Yahoo's failure to remove content)
·  Cintas Corp. v. Unite Here, 2009 ILRWeb (P&F) 3261 [2d Cir] (Second Circuit affirms dismissal of trademark infringement and cybersquatting claims)
·  Citizens for Responsibility and Ethics in Washington v. Executive Office of the President (Settlement Agreement), 2009 ILRWeb (P&F) 3239 [D DC] (White House, open government groups reach settlement over long-standing dispute over millions of missing White House e-mails dating from the Bush administration)
·  Continental Airlines, Inc. v. Continentalair.com, 2009 ILRWeb (P&F) 3255 [ED Va] (Trademark holder secures default judgment in in rem cybersquatting action)
·  Creative Internet Advertising Corp. v. Yahoo! Inc., 2009 ILRWeb (P&F) 3259 [ED Tex] (Yahoo ordered to make ongoing royalty payment for versions of Yahoo Messenger infringing plaintiff's patent)
·  Czech v. Wall Street on Demand, Inc., 2009 ILRWeb (P&F) 3249 [D Minn] (CFAA claim based on unwanted text messages fails for lack of damages, intent)
·  DeFontes v. Dell, Inc., 2009 ILRWeb (P&F) 3253 [RI] (Terms and conditions included in e-mailed receipts, payment confirmations, and product packaging can be accepted by consumers by keeping a product, provided they have notice of a right of refusal)
·  Gill v. State of Missouri, 2009 ILRWeb (P&F) 3241 [Mo] (Defense attorneys in a murder case deprived their client of the Sixth Amendment right to effective counsel by failing to discover illegal pornography on the victim's computer that could have been used to rebut testimony regarding the victim's good character)
·  HER, Inc. v. RE/MAX First Choice, LLC, 2009 ILRWeb (P&F) 3257 [SD Ohio] (Plaintiffs entitled to statutory damages of $120,000 in ACPA dispute, plus $172,000 in attorney's fees)
·  i4i Limited Partnership v. Microsoft Corp., 2009 ILRWeb (P&F) 3267 [Fed Cir] (Federal Circuit affirms the district court's claim construction, as well as the jury's findings of infringement and validity, in a case challenging the custom XML editor in certain versions of Microsoft Word)
·  Jacobsen v. Katzer, 2009 ILRWeb (P&F) 3243 [ND Cal] (Individuals who downloaded open source model railroad software, removed automated copyright management information, and then renamed the files and linked them to their own copyright notice violated the DMCA)
·  Sedersten v. Taylor, 2009 ILRWeb (P&F) 3237 [WD Mo] (Individual who agreed to a newspaper website privacy policy that permitted the sharing of visitors' sign-up information did not waive First Amendment right to speak anonymously on website)
·  Shiamili v. Real Estate Group of New York, Inc., 2009 ILRWeb (P&F) 3263 [NY App Div] (Defamation claim barred by the CDA)
·  Transamerica Corp. v. Moniker Online Services, LLC, 2009 ILRWeb (P&F) 3269 [SD Fla] (Domain registrar not automatically immune from Lanham Act, ACPA claims)
·  Wong v. PartyGaming Ltd., 2009 ILRWeb (P&F) 3265 [6th Cir] (Website forum selection clause is enforceable)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Facebook, Inc., In re (Complaint, Request for Investigation, Injunction, and Other Relief), 2009 ILRWeb (P&F) 3210 [FTC] (Privacy groups urge FTC to investigate modifications to Facebook privacy policies)
·  North Face Apparel Corp. v. Williams Pharmacy, Inc. (Complaint), 2009 ILRWeb (P&F) 3214 [ED Mo] (Apparel manufacturer sues online vendor of similar products for trademark infringement and dilution)
·  Sedgwick Claims Management Services, Inc. v. Delsman (Plaintiff-Appellant's Opening Brief), 2009 ILRWeb (P&F) 3212 [9th Cir] (Subjects of a critical blog post argue that district court erred in striking action under California's anti-SLAPP statute)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Clearwire and the Outlook for 4G Competition – New!
This report examines Clearwire's services and device strategy, its partnerships, and its financial status. We also provide a forecast on Clearwire's subscriber base and revenues, and an outlook on the impact that LTE's emergence will have on Clearwire's competitive strength and on WiMAX as a whole.  Learn more about this research

Telemedicine and the Economic Stimulus: Broadband Opportunities in a Swelling Market – New!
In this report, Pike & Fischer provides descriptions of the latest telemedicine solutions offered in the professional and consumer markets by the top U.S. wireless carriers, MVNOs, cable operators, and application developers, along with 5-year annual revenue forecasts on telemedicine-related spending.  Learn more about this research

Cable Advanced Advertising Market Update and Forecast, 2nd Edition – New!
In this report, we update our analysis of the market, examine recent activity, and provide our adjusted forecast for U.S. cable operator advertising revenue through 2014.  Learn more about this research

Events & Conferences 
 

Social Networking in the Workplace: Maximizing Benefits and Minimizing Legal Risks for Business – Recordings Now Available
Is blocking Facebook the answer ... or is it enough? That's the question facing many businesses as employees communicate electronically both on and off the clock. Join legal experts from Hogan & Hartson, Intel, and IBM as they identify the legal risks inherent in social networking, and offer practical solutions for minimizing those risks and maximizing the bottom line.  Learn More  Order Now


Broadband Policy Summit VI
Advance Early Bird Discount – Save $200 – Expires January 1, 2010
The Fairfax Hotel at Embassy Row, Washington, D.C., June 10-11, 2010
Join us at BPS VI--the 2010 edition of the preeminent annual forum for the broadband telecommunications industry--to air and dissect the critical and complex issues facing broadband businesses and policymakers in the wake of the new National Broadband Plan. Interact with panels of top federal, state, and private sector players and top-level keynoters to gain invaluable, actionable insights into the industry's emerging shape and explore new developments in recurring themes. Register before January 1 at Early Bird Rates and save $200.  Learn More  Join us on LinkedIn

View all Events & Conferences

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